HomeMy WebLinkAboutItem #09 O'Donnell Property Rezoning
AGENDA ITEM STAFF REPORT
Meeting Date: November 20, 2007
Item # cr
Contact Name:
Contact Number:
Michael Rum'iff!5
407-905-3100 x 1018
Reviewed By: ~ P J
Department Director: ii' ~~. .7 r ~
City Manager: ~~
~ubj~ct: O'Donnell (309 '/V. Franklin Street)
R~~Qning()rdinance
Project #RZ-07 -08-13
Gommission District 3 - Rusty Johnson
Issue:
Should the Honorable Mayor and City Commission approve a rezoning ordinance for a .18 +/- acre parcel of
land known as O'Donnell Property?
Background Summary:
Parcel Identification Number: 18-22-28-3116-01-090
General Location: The subject property is located on the north side of W. Franklin Street, 300 feet east of
the intersection of Ocoee Apopka Road and W. Franklin Street. The applicant, Tim O'Donnell is requesting a
rezoning from R-1 (Single-Family Dwelling) to C-2 (Community Commercial).
The table below references the future land uses, zoning classifications and existing land uses of the
surrounding parcels:
Direction Future Land use Zoning Classification Existina Land Use
North Commercial R-1 "Sinale-Family Dwellina" Single-Family Dwellina
East Commercial R-1 "Single-Family Dwelling" Vacant
South Commercial R-1 "Single-Family Dwelling" 60' ROW / Vacant
West Commercial C-2 "Community Commercial" Commercial Building
Property Size: Approximately .18 Acres.
Actual land use and unique features of the subiect property: The parcel is vacant of any structures, but is
covered by an impervious parking area that is fenced in with a mixture of wooden and wrought iron fence. The
applicant intends to combine this parcel with the parcel on the west side and rent out space for an insurance
-
office and use the remaining space and property for short term vehicle storage. The parcel on the west side
currently contains a recently remodeled 926 sq. ft. office. The property is designated as Commercial on the
Ocoee Comprehensive Plan's Future Land Use Map (FLUM) and the Joint Planning Area (JPA) Land Use
Map. The requested rezoning to C-2 (Community Commercial) is consistent with the FLUM and the JPA Land
Use Map designations.
Permitted Uses:
The commercial uses permitted under the C-2 zoning district are generally related to commercial convenience
and retail stores, restaurants, professional offices, furniture and equipment sales.
The commercial uses permitted as Special Exceptions are automobile sales, service and repair, gas stations,
hotels, day care, churches and schools.
Compatibilitv with SurroundinQ Properties:
The site is located in a platted residential subdivision known as Grace Park. The Plat was recorded in 1926. The
area contains a mixture of single-family residential dwellings and commercial uses. All remaining single-family
properties that contain a Future Land Use of Commercial are considered legally non-conforming. The parcels
on the north side contain single-family residences. Commercial buildings and uses are located on the west side.
To the east, the parcel is vacant. On the south side is W. Franklin Street and a vacant parcel and a church
outreach building.
DISCUSSION:
The subject property is located within the Downtown Redevelopment Area. The objective of the Downtown
Redevelopment Area is to attract reinvestment in the downtown area. The proposed development schemes
should include visual landmarks and public areas; quality pedestrian areas; mixed and multi-uses, including
retail, general commercial, restaurants, various forms of residential uses, and professional offices and services.
The subject parcel is vacant but the applicant has undertaken site work to establish a stabilized parking area.
A fence consisting of wood and wrought iron has been placed around its perimeter. The applicant owns the
parcel to the west and has recently remodeled it. The applicant intends to combine both properties and rent
out a portion of the remodeled office as an insurance office and use the remaining space and property for
short term vehicle storage.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The proposed Rezoning of the O'Donnell Property was reviewed at a Public Hearing by the Planning and
Zoning Commission on October 9, 2007. The Planning & Zoning Commission voted unanimously to
recommend approval of the Rezoning of +/- .18 acres from R-1 (Single-Family Dwelling) to C-2 (Community
Commercial).
STAFF RECOMMENDATION:
Based on the existing Future Land Use designation and the trend of commercial uses, staff recommends that
the Honorable Mayor and City Commissioners adopt the ordinance to rezone the property from R-1 (Single-
Family Dwelling) to C-2 (Community Commercial).
Attachments:
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial
Rezoning Ordinance
Pictures of Site
Financial Impact:
Increase tax base due to rezoning.
Type of Item:
-2L Public Hearing
Ordinance First Reading
-2L Ordinance Second Reading
Resolution
....!..... Commission Approval
Discussion & Direction
For Clem's Deot Use:
Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
O'Donnell Rezoning
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I
ORDINANCE NO.
(Rezoning Ordinance for O'Donnell Parcel)
TAX PARCEL ID #: 18-22-28-3116-01-090
CASE NO. RZ-07-08-13: O'Donnell Parcel
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE R-1, "SINGLE
FAMILY DWELLING," TO OCOEE C-2, "COMMUNITY
COMMERCIAL," ON CERTAIN REAL PROPERTY CONT AINING
APPROXIMATELY 0.18 ACRES LOCATED NORTH OF AND
ADJACENT TO FRANKLIN STREET AND APPROXIMATEL Y 300
FEET EAST OF THE INTERSECTION OF FRANKLIN STREET AND
OCOEE APOPKA ROAD PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted
an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 0.18 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, from Ocoee R-1, "Single Family Dwelling," to Ocoee C-2,
"Community Commercial;" and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on October 9, 2007 the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee
Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City
Commission that the zoning classification of said real property be rezoned as requested by the
ORLA_611021.1
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on , 2007 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 0.18 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R-1,
"Single Family Dwelling," to Ocoee C-2, "Community Commercial." A map of said land herein
described, which clearly shows the area of Rezoning, is attached hereto as Exhibit "B" and by
this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter
180 of the Ocoee City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
2
ORLA_611021.1
PASSED AND ADOPTED this _ day of
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
This day of , 2007.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_611021.1
,2007.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2007
READ FIRST TIME ,2007.
READ SECOND TIME AND ADOPTED
,2007.
Under Agenda Item No.
3
EXHIBIT" A"
[Legal Description]
The East 1/2 of Lot 8, and all of Lot 9, Block A, Grace Park, according to the plat
hereof, as recorded in Plat Book M, Page 8, Public Records of Orange County,
Florida.
4
ORLA_611021.1
EXHIBIT "B"
O'DONNELL REZONING
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